Bill Text: CA AB63 | 2009-2010 | Regular Session | Chaptered

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Bill Title: Service contracts: retailers.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2009-08-06 - Chaptered by Secretary of State - Chapter 74, Statutes of 2009. [AB63 Detail]

Download: California-2009-AB63-Chaptered.html

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BILL NUMBER: AB 63	CHAPTERED
	BILL TEXT

	CHAPTER  74
	FILED WITH SECRETARY OF STATE  AUGUST 6, 2009
	APPROVED BY GOVERNOR  AUGUST 5, 2009
	PASSED THE SENATE  JUNE 22, 2009
	PASSED THE ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Mendoza

                        DECEMBER 9, 2008

   An act to add Section 1794.45 to the Civil Code, relating to
service contracts.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 63, Mendoza. Service contracts: retailers.
   Existing law authorizes the sale of service contracts obligating
the service contractor to provide to the buyer of the product,
without additional charge, all of the services and functional parts
that may be necessary to maintain proper operation of the product and
service for the duration of the contract, except as specified.
Existing law imposes specified requirements on the terms of a service
contract.
   This bill would require a retailer that sells a service contract,
during the period that the service contract is in effect, to (1)
maintain contract information that includes a description of the
terms and conditions of the service contract, and provide that
information to the purchaser of the service contract or other
beneficiary upon request, or (2) obtain a copy of the service
contract upon request from the purchaser of the service contract or
other beneficiary, and provide that copy to the requester within 10
business days after receiving the request. This requirement would not
apply to a vehicle service contract, as defined.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 1794.45 is added to the Civil Code, to read:
   1794.45.  (a) A retailer that sells a service contract pursuant to
Section 1794.4 shall do either of the following during the period
that the service contract is in effect:
   (1) Maintain contract information that includes a description of
the terms and conditions of the service contract, and provide that
information to the purchaser of the service contract or other
beneficiary upon request.
   (2) Upon request from the purchaser of the service contract or
other beneficiary, obtain a copy of the service contract, and provide
that copy to the requester within 10 business days after receiving
the request.
   (b) This section shall not apply to a vehicle service contract, as
defined in subdivision (c) of Section 12800 of the Insurance Code.